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Requirements and Agreement for Submitting IBM-Written Software and Documents to the VM Download Library

Regular IBM employees and supplemental IBM workers who wish to submit Software and other Documents (collectively called "Content") to the VM Download Library for internal and external distribution should review and comply with the following terms, conditions and procedures. By submitting Content to the VM Download Library you agree to the following terms and conditions.

  1. The submissions are voluntary and no compensation is paid to the submitter or author.

  2. Do not submit Content unless the Content meets ALL of the following criteria:

    1. The Content was written in its entirety as a work assignment or job function for IBM by regular IBM employee(s) or supplemental IBM worker(s); and
    2. The Content does not include any user interfaces of other parties; and
    3. The Content was not copied or derived from materials of any other party; and
    4. The Content is owned entirely by IBM; and
    5. The Content is covered by copyrights owned entirely by IBM (if you have any questions whether IBM owns the Content or copyrights, then contact your local Intellectual Property Law Department); and
    6. The Content does not contain any confidential information or trade secrets of IBM or any other party; and
    7. The Content is not subject to any known or suspected royalty obligations to others; and
    8. The Content was not developed for another party; and
    9. The Content was written without contractual obligation of the author to another party.

  3. ALSO, do not submit the Content unless you belong to one of the following categories:

    1. You are a regular IBM employee or supplemental IBM worker and you are the sole author of the Content.

      In your submission, state that you submitted your Content to the VM Download Library under category 1.

    2. You are a regular IBM employee or supplemental IBM worker and you are one of two or more authors of the Content.

      Each other author who is currently a regular IBM employee or supplemental IBM worker must send you a note stating "I agree to submit (Name of Content) to the VM Download Library for internal and external distribution and have reviewed and agree with the terms, conditions and procedures of the Requirements for Submission of IBM-Written Software and Documentation to the VM Download Library."

      In your submission, identify each author and each author's job title, include a copy of each co-author's note and state that you submitted your Content to the VM Download Library under category 2.

    3. You are a regular IBM employee, you are not an author and no author is currently a regular IBM employee or supplemental IBM worker.

      Under these conditions, a regular IBM employee who previously managed one author and was aware of the conditions under which the Content was written must send you a note stating: "The Content was written in its entirety by regular IBM employee(s) as part of an IBM work assignment and meets the other criteria of part 2 of the Requirements for Submission of IBM-Written Software and Documents to VM Download Library."

      In your submission, identify each author and each author's job title and state that you submitted your Content to the VM Download Library under category 3.

    4. You are a regular IBM employee who: (1) personally arranged to have the Content prepared for IBM by contractor(s) or is personally familiar with such arrangements; and (2) has verified with an IBM attorney that all rights in such Content are held by IBM.

    5. You are a contractor(s) who prepared the Content for IBM, and you have verified with an IBM attorney that all rights in such Content are held by IBM.

  4. To the extent that the Content and any copyrights therein are not already owned by IBM, the authors and copyright owners grant to IBM an irrevocable, worldwide, transferable, non-exclusive license, free of any royalty or other obligations, under all applicable copyrights, patent or other rights, to prepare derivative works based upon the Content (without your knowledge or approval) and to use, execute, reproduce, lease, transfer, transmit, distribute internally and externally, perform and display the Content and such derivative works and to license others to any or all such rights. The authors and copyright owners also waive any rights in such derivative works and copyrights therein. No compensation is paid for such license. If requested by IBM, the authors and copyright owners will sign the foregoing license agreement.

  5. IBM reserves sole discretion in deciding whether to accept any submission or delete a previously accepted submission.

  6. IBM will not ordinarily edit or review your submission.

  7. Remove all "IBM Internal Use Only" notices from the Content.

  8. IBM copyright notices are required as follows for Content software:

    1. If practical, on the first screen seen when installing the Content software; and

    2. if practical, at the first or most prominent display screen when any user first uses or accesses Content software in a session; and

    3. if the aforementioned locations are not likely to be seen by installers and end users at least once or are not practical, then another likely location.

  9. For Content manuals and other documents ordinarily marked by IBM with a copyright notice, an IBM copyright notice is required on the cover, front or back of the title page or on the page containing the edition notice.

  10. For Content requiring a copyright statement, use the following copyright format, substituting the year of first external publication of any version and then the year of first external publication of the current version (if both are the same year, then one instance only):

    (c) Copyright International Business Machines Corporation 19xx,19xx.
    All Rights Reserved.

  11. The authors may be listed as authors in the Content, but because IBM owns the copyrights, the Content should not include a 'shareware' statement or a solicitation of money or other compensation for the authors.

  12. All Content in the VM Download Library will be distributed on an "AS IS" basis without any warranty, so DO NOT include any warranty.

  13. This Agreement is governed and construed under the laws of the State of New York, USA and under the copyright laws of the United States of America.